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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband passed away January 10, 2011. I got a letter from

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My husband passed away January 10, 2011. I got a letter from Providian Banks collection company that they had turned the debt over to them Feb 7 2011. The original debt was $4000.00and was incurred about 1999. Now they are going after the estate for $14000.00. Is this legal? Also I am on disability and All I have is my home and 1 vehicle. I live in South Carolina. I have no money, all I had went to pay for my husbands funeral. Can they make me sell my house and vehicle to pay this debt. They have already sent a letter to probate court. Thank you for your help. Lynn Brewer [email protected]
Submitted: 6 years ago.
Category: Legal
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

Was this loan in just your husband's name or in both of your names?

Customer: replied 6 years ago.
It was a credit card in his name only.
Expert:  Roger replied 6 years ago.

Thanks. If you're not an account holder with your husband, you're not responsible for the debt. South Carolina is not a community property state, which means that a spouse is not responsible for the individual debts of the other spouse.

 

This won't deter the creditor from trying to get you to agree to pay, but if you maintain that you're not a debtor to this creditor and that you're not legally responsible for the debts of your spouse/deceased husband, there's nothing they can do to you.

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